Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Termination of Employment Convention, 1982 (No. 158) - Yemen (Ratification: 1989)

1. The Committee notes the information contained in the Government’s report received in September 2008. In response to the Committee’s 2006 direct request, the Government indicates that it has prepared, in coordination with the Office, draft amendments to the Labour Code and submitted them to the social partners and the Office for comments. The draft amendments were then revised in light of comments received. Discussions were held with parties concerned, and the draft was subsequently referred to the Ministry of Legal Affairs for redrafting and referral to the Council of Ministers, with a view to its eventual promulgation by the House of Representatives. The Government is invited to provide a copy of the amendments, once adopted, to the Office. The Committee reiterates its request to the Government to provide information in its next report on the following matters.

2. The Committee notes that the Government is trying to obtain statistics on the number of cases of termination of employment handled by the arbitration committees in the governorates of the Republic. The Committee hopes that the Government’s next report will contain practical information on the application of the Convention (Parts IV and V of the report form) together with information on the following points.

3. Protection of domestic workers against unjustified dismissal. The Committee would be grateful if the Government would provide information on the progress made in ensuring that domestic workers have the protection laid down in the Convention (Article 2 of the Convention).

4. Definition of serious misconduct. The Committee once again asks the Government to indicate whether failure to fulfil “essential obligations” in the contract, which may incur summary dismissal pursuant to section 35(h) of the Labour Code, currently in force, constitutes serious misconduct within the meaning of Article 11 of the Convention.